This Proposed Provisional Waiver Procedures for Unlawful Presence Are Not Effective Yet

The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet

Not too long ago, the U.S. Citizenship and Immigration Services (USCIS) has made a proposed change to allow certain immediate relatives (spouse, parent and/or children of a US citizen) who can demonstrate the required extreme hardships to apply for a provisional extreme hardship waiver for unlawful presence prior to departing the United States of America (US). The provisional extreme hardship waiver for unlawful presence, if eventually implemented, will reduce separation of many families. This Proposed Provisional Waiver Procedures for Unlawful Presence Are Not Effective Yet

The provisional extreme hardship waiver for unlawful presence procedures are not yet in effect until the USCIS publishes a final rule in the Federal Register specifying the effective date, which may be the end of this year. Prior to it becoming effective, any applications to the USCIS for provisional waivers for unlawful presence will be rejected.

Extreme Hardship Waivers

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need waivers (such as I-601 and/or other waivers) OR other filings to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) commission of certain crime, or misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law.

At present, the wait-time for an I-601 extreme hardship waiver can be quite long and family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

July 9, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM.

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This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are: 1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012); 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND 5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

July 7, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

London E Visa Services Temporary Closure Due to 2012 Olympics

London E Visa Services Temporary Closure Due to 2012 Olympics

The E Visa Office of the Embassy of the United States of America in London, England will be closed from July 16, 2012 to August 17, 2012 due to the 2012 Olympics. This E Visa Office will provide very limited or possibly no services in the months of July and August 2012. Normal services are expected to resume on August 20, 2012.

July 5, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

Immigration Law and State Law: Arizona SB1070

Immigration Law and State Law: Arizona SB1070

In a ruling in Arizona v. the United States, the U.S. Supreme Court has confirmed that state laws cannot dictate the federal government’s immigration enforcement policies or priorities.

The case pertains to the validity of certain provisions of an Arizona law, commonly referred to as SB1070.

June 26, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Law Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

Immigrant Visa Number Retrogressed to January 2009 for EB-2 Worldwide, Philippines and Mexico, & Unavailable for China and India

Immigrant Visa Number Retrogressed to January 2009 for EB-2 Worldwide, Philippines and Mexico, & Unavailable for China and India

The U.S. Department of State announced recently immigration visa number for employment-based preference 2 category (EB-2) for countries worldwide, Mexico and the Philippines has retrogressed to January 1, 2009 starting in the month of July 2009. EB-2 immigrant visa number for China and India continues to be unavailable.

EB-2 candidates can still be sponsored for green card such as the I-140 Petition for Alien Worker. However, if EB-2 candidates’ priority date is prior to January 2009, they will not be eligible to file for I-485, Application for Adjustment of Status starting July 2012 until immigrant visa number becomes current/available for their country of birth.

For more information on EB-2 immigrant visa numbers, please visit U.S. Department of State Visa Bulletin at http://www.travel.state.gov/visa/bulletin/bulletin_5733.html .

June 26, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Law Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

The U.S. Department of Homeland Security (DHS) announced today (June 15, 2012) , effective immediately, certain young people who were already brought to the United States as young children may be considered for deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation. Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions. The criteria for being considered for deferred actions are:

1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of this memorandum and are present in the United States on the date of this memorandum; 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND

5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document. These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

The U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration & Customs Enforcement (ICE) are expected to begin implementation of the application processes within 60 days.

June 15, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.